Adoption Contract Sample

Delaware Valley Bichon Rescue Adoption Contract:

This agreement is made this _____ day of __________ , 20__, by
and between Delaware Valley Bichon Rescue, hereinafter referred
to as "rescuer," and ____________________, hereinafter
referred to as the "adopter." The adopter hereby understands,
promises, and agrees that in receipt of this dog to forever release,
discharge and covenant to hold harmless rescuer and by other person,
firm, or organization charged or chargeable with responsibility
or liability, their heirs, administrators, executors, successors,
and assigns from any and all claims, damages, and costs, expenses,
loss of services, actions and causes of action belonging to the
said adopter, arising out of any act or occurrence from the present
time and particularity on account of the adoption of:

The adopter hereby declares that no representations about the nature
of the adopted dog, nor any representations regarding the nature
and extent of legal liability or of financial responsibility have
induced the adopter to sign this contract. In consideration of a
donation in the amount of $________, the adopter acknowledges the
provisions as defined:

Fee

The donation is not a fee or sale price, but a request to defer
or reimburse rescuer for any and all medical expenses, or any other
expenses incurred by the dog or rescuer to consider the dog for
adoption, as well as to offset expenses incurred by the rescue for
future dogs. All dogs come spayed/neutered, updated on vaccinations
and heartworm tested. The donation is given in consideration of
these and other future expenses. Reimbursement of the donation will
be given (minus a $25.00 consideration for transportation &
other costs associated w/adoption) if the dog is returned in the
same general health & overall condition within 30 days from
date noted on this agreement. After the initial 30 days, the dog
will be returned to the rescuer if the adopter can no longer keep
the dog for any reason, but no refund will be given.

Collars and Tags

The dog will not wear a pinch (cleat), choker collar or any similar
article around the neck for ANY purpose. The dog shall at all times
be required to wear a traditional nylon collar with AT LEAST the
rabies tag, rescue identification tag, and municipal license. Other
forms of identification can be worn at adoptive family's discretion.
The dog will ALWAYS be restrained w/a leash or within a fenced yard.
NO EXCEPTIONS.

Transfer of Ownership

The dog shall not be sold, given to, or adopted to anyone else,
nor shall there be any transfer of ownership to any firm, corporation,
or organization of other homeless animals, such as another rescue
facility, or research facility. The dog adopted from rescuer must
be returned to rescuer if for any reason the adopter can no longer
keep it. Violation of this agreement will result in court costs
and attorney fees payable by the adopter if necessary for rescuer
to redeem the dog.

Training

The adopter promises that under no circumstances will the dog be
trained to develop a dual personality, as defined: no protection,
attack, schutzhund, or guard dog training is permitted. The dog
will not be encouraged to show any aggressive or agitated behavior.
The dog will be a family member only and only participate in good
citizen, basic obedience or therapy dog training. The dog will not
be maintained as property or for the purpose of being a deterrent
due to size, appearance, or display and encouragement of territorial
behavior.

Environment

The dog shall reside indoors, in the adopter's home, and live as
a family member and companion only. The dog will not be kept outdoors
during the adopter's working hours, or at any other time left alone
outdoors while the adopter is not at home. The dog may be confined
to a room such as a bedroom or kitchen or any other room of adequate
size and protected from the elements of weather. The adopter is
not to expose the dog to harmful objects, poisons, or other living
creatures that may endanger the dog's life. The dog may not be crated
for any period of time. If it is necessary to confine the dog while
the adopters are away from the home, he will be confined to a room
of adequate size inside the house as necessary, such as a kitchen
or bedroom. An outside shelter such as a dog house is NOT acceptable
as residence but can be used only when needed in extreme heat, cold,
or rain when the dog is let out into the yard for short periods
of time and only when the adopter is at home.

Health Program

The dog shall remain on heartworm preventative indefinitely throughout
the entire lifespan of the dog for AT LEAST six months of every
calendar year (or more often as recommended by the veterinarian
of record). Rescuer reserves the right to verify with the adopter's
veterinarian that the heartworm preventative has been purchased
and that the dog has a yearly or bi-yearly blood test for this purpose.
The dog shall also have yearly booster shots of DHLPP (distemper).
Rescuer reserves the right to check with the veterinarian at anytime
to verify that all the basic health requirements are being done.
Renewal of rabies vaccine is required by law and therefore by the
terms of this contract.

Important Notice: Temperament

Rescuer makes no explicit or implicit guarantees in reference to
the health and/or temperament of the dog. The dog is adopted "as
is" and the adopter assumes all responsibility for treatment
of any and all existing conditions or any other conditions of physical
or temperament changes that may occur. Rescuer will provide the
dog with the basic vaccines and heartworm test before adoption if
the age and current health of the dog permits. Rescuer will also
spay/neuter the dog prior to adoption. While the rescuer makes every
effort to place only healthy animals, the rescuer cannot guarantee
the health of any animal and shall not be held responsible for any
medical expenses which may be incurred, hereby expressly excluding
any implied or express warranties of merchantability or fitness
for any particular purpose, including, without limitation, any warranties
regarding health, temperament or whether the animal is housebroken.

Remedy for non-compliance

It is agreed that rescuer shall retain superior title in said animal
limited to and for the express purpose of assuring the animal's
well-being and only exercise its superior claim in the event it
appears to rescuer that the proper and humane care as specified
in the above adoption provisions is not being afforded said animal,
in which case the animal may be taken through a claim and delivery
proceeding. The adopter further agrees that if there is any breach
or default of the terms of this contract, and the dog must be redeemed
through a claim and delivery service, that the adopter will be held
liable for all court costs and fees for the adopter's attorney and
for rescuer's attorney. This has been read to the adopter and explained
to the adopter. The adopter has read this, understands and agrees
to this and is signing this contract.

Cosmetic and other Surgeries

Unless directed by a licensed veterinarian for reasons related to
the health and welfare of the dog, cosmetic surgery will not be
performed under any circumstances, including but not limited to
tail docking or ear cropping. In addition, no surgeries will be
performed for behaviors that may be deemed a nuisance by the adopter
- such as debarking a dog who barks excessively. This is NOT permitted
under the terms of this contract. The dog shall undergo surgical
procedures ONLY when those procedures are necessary for health reasons,
such as to remove bladder stones.

Transportation

The dog will not ride in the back of a pickup truck under any circumstances
including those such as in a cage/kennel, or tied. The dog shall
not remain in any vehicle in extreme heat or cold, with windows
up or down, or unattended for any amount of time.

Adequate Fencing

The adopter agrees that the definition of an adequate fence is a
fence that encloses a yard or a large pen, larger than the outdoor
kennels. An adequate fence is one that prevents the dog within to
go out of the area by jumping, digging, or exiting through gates
not properly secured. The fence will prevent any other animal from
entering the property the dog lives on and will be secure enough
to prevent intruders or small children from easily gaining entry.
In the event an electric fence is used to confine dog to a particular
area of the property, the dog will be properly trained prior to
use, the fence will be maintained on a regular basis to guarantee
effectiveness, and the dog will NOT be left outside unsupervised,
since an electric fence does not prevent other animals or intruders
from entering the yard. A kennel environment is not acceptable for
housing, safety, or the emotional well being of the dog. If the
dog should be able to jump over, or dig under the fence it is no
longer an adequate fence and must be repaired by raising it to six(6)
feet or sealing any and all weak spots immediately. The decision
on whether a home is adequately fenced will be made by rescuer,
not by the adopter. While the fence is not serving the purpose the
adopter shall not leave the dog unattended in the yard at any time.

Rescuer's Reservation of Rights

Rescuer reserves the right to follow up on this adoption to inspect
the animal and where the animal is kept for the sole purpose of
determining compliance with the terms of the within contract by
making a personal visit to the premises of the adopter at anytime
during the entire lifespan of the dog. If the terms and conditions
of this contract are not upheld by the adopter and/or any misrepresentations
have been made to by the adopter, rescuer reserves the right to
terminate this contract and the adopters will agree to allow a representative
of rescuer to reclaim the dog without notice or refund. Rescuer's
reservation of rights also includes not adopting a dog into an area
or environment that may endanger the life of the dog, which includes
relocating with the dog after the adoption agreement. If the dog
becomes lost, seriously injured, and/or permanently disfigured,
or for any reason the dog dies the rescuer must be notified immediately.

Adopter's Acknowledgment of Terms

I hereby acknowledge receipt of the above described animal and therefore
agree to the following terms:

The dog is not to be outside without the benefit of a fenced
yard or least to restrain him/her.

The dog will not be chained to a doghouse or chained outside
to any type of object or outbuilding.

The dog is not to live in a garage, doghouse, or any type of
outbuilding.

Shelter from weather must be provided for the dog at any time
that the dog is outside if the weather is extreme heat, extreme
cold, or any other weather conditions that may endanger the health
of the dog.

The dog will not be crated but instead will be confined to
an area of the home, only if necessary and while the adopter is
away from home.

While the adopter is at home, the dog is not to remain solely
in one room, not to be confined to a room, and must have free
roam of the house as a family member.

The dog is not to be left with small children at anytime when
unattended by an adult.

The adopter must provide rescuer with the name of the veterinarian
the dog is going to and notify rescuer if there is a change.

The dog must remain on heartworm preventative six months or
more per calendar year.

The dog shall not be trained, encouraged, nor misrepresented
for the purpose of protection, aggression, or any aggravated display
of behavior.

The dog is to have adequate food, water and shelter at all times.

The adopter shall refrain from physical abuse of the animal
and from otherwise treating the animal in an inhumane manner.

Change of Address and Notification

The adopter agrees to notify the rescuer no more than ten(10) days
prior to change of address, change of environment that will affect
the dog, or any incident involving animal control and/or complaints
arising from said ownership of the dog.

Costs of Enforcement

Should it become necessary for rescuer to take action to recover
an adopted dog or otherwise enforce the provisions of the adoption
contract agreement, the undersigned adopter(s) will be responsible
for all court costs and all attorney fees representing either the
adopter or rescuer.

Confidentiality

This is a confidential agreement between the adopter and the rescuer.

Right of Ownership

The dog adopted from rescue is "sole property" of rescue
and has been surrendered as such by private owners or animal facilities
that have signed a statement agreeing that the above mentioned dog
is not owned property of any other person, firm or organization.
Rescuer shall not be held liable, charged, or chargeable for any
misrepresentations unknown to this rescuer.